Module 4
Victim Restitution and Compensation

Key Points: Victim Restitution and Compensation

  • Restitution provides payment to the victim for losses/costs incurred such as medical expenses, loss of income, and property damage.  It is available to those who meet the definition of crime victim in that jurisdiction. 
  • Restitution is ordered by a judge upon sentence of a convicted defendant.  The defendant makes payment and the victim receives it.  Therefore, restitution is only available to crime victims if their perpetrator is prosecuted and convicted. 
  • The federal justice system requires mandatory restitution (for qualifying losses) in cases of sexual abuse.  While all states have laws mandating that courts consider requests for restitution, only some states require that restitution orders be a mandatory part of defendants’ sentences.
  • It is important for victims and advocates to communicate with prosecutors early in the criminal justice process, and on a continuing basis, about losses incurred by the victim.
  • Victim compensation is administered by a state’s Crime Victim Compensation Board and funded by the federal Crime Victims Fund which is established by the federal Victims of Crime Act. Victim compensation usually allows for reimbursement of a broader category of expenses than restitution.
  • Victim compensation is typically available even if a perpetrator is not prosecuted or convicted.  However, most states require that victims have promptly reported the crime to law enforcement and cooperated in all stages of the prosecution; submitted a timely victim compensation application; tried other methods of covering the costs (such as insurance or a government benefit program); and not have committed a criminal or substantially wrongful act that caused or contributed to the crime.

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